Father-In-Law's HA problem

djh77

We are looking into a grant at the moment. Not sure if we can or are entitled to one.

The HA already have the keys back, they got them back Monday morning and have already changed the locks (we know as the wife's Aunt lives next door). We removed personal possessions a few weeks back when we knew the FIL was going into nursing care, but there is a lot of other stuff left there that the HA will need to dispose of.

He was in receipt of housing benefit. They did start paying it, and backdated it to June of this year, so about £2100 of debt that was on the rent account was paid off, leaving £900 that is still outstanding.

BitterAndTwisted

They can bill the bloody estate if they wish but they are not going to get a single penny from it if there are no funds to disburse. You have handed the keys back and as far as you are concerned that is the end of the matter. You are not personally liable for someone else's debts. If he left no money there is nothing to pay them with.

Stop worrying about the damned HA, stop communicating with them and get on with the service, the grieving, the rest of your life.

djh77

BitterAndTwisted wrote: »

They can bill the bloody estate if they wish but they are not going to get a single penny from it if there are no funds to disburse. You have handed the keys back and as far as you are concnered that is the end of the matter.

Stop worrying about the damned HA, stop communicating with them and get on with the service, the grieving, the rest of your life.

Yes, I know they are not going to get anything, but I don't understand really what billing the estate means?! What will happen if they do - what I mean by that is will they ask us to prove he had no money, what happens?

holly_hobby

Debts are not transferrable on death, but the executor/administrators of a deceased's estate have a legal duty to discharge those debts outstanding at the time of death, from the proceeds of the individuals estate (ie any monies or proceeds from sale of anything), which must be conducted before the residue of the estate can be apportioned to beneficiaries. This is conducted under probate regs.

Now, if there is little to no capital to discharge the os rent arrears, and you place funeral costs above all unusecured debts, then thats tough toffee to the HA, they will have to write them off ... end of.

UNDER NO CIRCUMSTANCES SHOULD YOU PAY DAD'S O/S RENT ARREARS FROM YOUR OWN PURSE !!!!

IT IS NOT YOUR DEBT AND THE HA CAN NOT MAKE YOU PAY NOR MAKE YOU LIABLE FOR THIS (which they know, they are just trying it on).

I would also like to extend my sympathies to you and your family, and hope this helps.

Holly x

BitterAndTwisted

The "estate" is what the deceased left behind in assets and cash upon their death. Your father-in-law had neither, therefore there was no estate and no funds to distribute.

Do not engage with the LA from now on. There was no will, there is no estate and you are not responsible for his affairs, The more you engage with them, the more they will try and press you to take responsibility.

djh77

Thanks. So basically the HA will write to us (or the wife to be more accurate) as basically administrators of the FIL's estate and ask us to pay, and we just have to tell them there is no money in the estate to pay them with?

To be fair I got an email from the HA a few minutes back and they said: It is usual practice that we recharge the estate whether there is one or not.

So hopefully, as they are pretty much the last people to deal with, they will just go away once we formally tell them there is no money.

Thanks everyone for your help.

BitterAndTwisted

djh77 wrote: »

What I mean by that is will they ask us to prove he had no money, what happens?

He left no will so there are no executors, so you don't have to prove anything to them.

They are trying it on (or are dense) , so my advice is to cease all communication with them.

None of this is your responsibility, so don't accept any.

djh77

BitterAndTwisted wrote: »

The "estate" is what the deceased left behind in assets and cash upon their death. Your father-in-law had neither, therefore there was no estate and no funds to distribute.

Do not engage with the LA from now on. There was no will, there is no estate and you are not responsible for his affairs, The more you engage with them, the more they will try and press you to take responsibility.

Thanks for that, that makes things much clearer in my mind about what it all means.

As there was nothing, they will get nothing.

Mojisola

djh77 wrote: »

Thanks. So basically the HA will write to us (or the wife to be more accurate) as basically administrators of the FIL's estate and ask us to pay, and we just have to tell them there is no money in the estate to pay them with?

Has your wife taken on the legal of role of administrator?

When you know an estate has more debts than capital, it's best not to get involved in handling it.

holly_hobby

If there is no will you are the administrators appointed by probate, rather than executors (which a will appoints).

However, your legal duties remain the same.

You discharge os debts of the deceased from whats in their estate, until either the debts are all discharged (repaid), with any surplus then apportioned under intestacy regs OR until the estate is exhausted (ie no more monies left) with remaining creditors having to accept the debt will not be fully repaid, and write off accordingly.

Have quickly dug this out https://www.moneyadviceservice.org.uk/en/articles/dealing-with-the-debts-of-someone-who-has-died, but if you have a google there'll be lots of pages and guidance for you.

Hope this helps

Holly